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Law Offices Of Wiley Nickel, PLLC

 
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I was charged with a Class 2 Misdemeanor; Will I go to Jail?
class 2 misdemeanor nc

Class 2 Misdemeanor NC

Most offenders who are charged with a Class 2 Misdemeanor do not receive any jail time as part of their sentence. In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor.

Examples of Class 2 Misdemeanors that our office handles include:

  • Carrying Concealed Weapons (first offense)

  • Cyber- Bullying, Defendant under 18

  • Cyberstalking

  • Defrauding Innkeeper

  • Disorderly Conduct

  • Driving after Consuming

  • Failure to Appear on a Misdemeanor

  • Failure to Report an Accident

  • Failure to Yield to Emergency Vehicle

  • False Report to Police

  • Financial Card Fraud

  • First-Degree Trespass

  • Furnishing False Information to Officer

  • Harassing Phone Calls

  • Indecent Exposure

  • Injury to Personal Property, $200 or Less

  • Marine/Wildlife Violations, Second/Subsequent Offense

  • Possession of Schedule V Controlled Substance

  • Racing/Speed Competition

  • Reckless Driving to Endanger

  • Resisting Officers

  • Shoplifting Concealment of Merchandise, Second Offense in 3 years

  • Simple Assault/Assault and Battery/Affray

  • Standing/Sitting/Lying on Highway 

What are the consequences for a Class 2 Misdemeanor?

The consequences for a Class 2 Misdemeanor depend on your record level. If you have one prior criminal conviction, you are considered a record level I. If you have between one and four prior criminal convictions, you are considered a record level II. If you have five or more prior criminal convictions, you are considered a record level III.

Offenders who are a record level I may not be sentenced to any jail time. In fact, generally, first time offenders who are considered record level I for sentencing purposes will also qualify for a dismissal as part of a deferred prosecution. Depending on the type of charge, you may qualify for the First Offender’s program which involves completing 75 hours of community service for a dismissal. Or, you may qualify for the 90/96 program which involves completing substance abuse treatment.

Offenders who are record level II may not be sentenced to jail, but may be sentenced to probation, community service or simply asked to pay a fine.

Offenders who are a record level III may be sentenced to up to 60 days in jail at the judge’s discretion, or may be sentenced to probation, community service or simply asked to pay a fine.

Contact The Law Offices of Wiley Nickel, PLLC

An experienced attorney can best help you avoid a harsh sentence and work with the prosecutor to get a deal on your behalf. At The Law Offices of Wiley Nickel, our first goal is always to seek a dismissal of the charges. If the charges are dismissed, we can then help you get the charge removed from your record through the expungement process. Give attorneys Kristi Haddock, Melissa Botiglione, or Wiley Nickel a call at 919-650-2851 to discuss your options. We offer FREE consultations.

How Many Expungements Can I have in North Carolina?
nc expungement lawyer

In December of 2017, Governor Roy Cooper signed a new expungement law that allows offenders to have an unlimited dismissed and not guilty charges expunged from their record. However, the bill did not change how many North Carolina conviction expungements you can have. Most dismissed and not guilty charges will be eligible for an expungement unless you have a felony conviction on your record. Although you can have multiple dismissed and not guilty charges expunged from your record, you cannot have multiple convictions expunged.  

Felony Conviction Expungement

Generally, you are allowed to have one non-violent felony conviction expunged from your record. There is usually a 10 year wait period from the date of your conviction or the end of your probation, whichever is later.  You cannot have any other convictions on your record in order to be eligible to have a felony conviction expunged.

Misdemeanor Conviction Expungement

Generally, you are allowed to have one non-violent misdemeanor conviction expunged from your record. There is usually a 5 year wait period from the date of your conviction or the end of your probation, whichever is later. You cannot have any other convictions on your record in order to be eligible to have a misdemeanor conviction expunged.

List of Misdemeanor Convictions NOT eligible for most people.

The following list are examples of misdemeanor charges that if you are convicted, will NOT be eligible for an expungement from your record:

·         Simple Assault

·         Assault on a Female

·         Child Abuse

·         Violation of a Protective Order

·         Assault with a Deadly Weapon

·         Misdemeanor Food Stamp Fraud

·         Sexual Battery

·         Stalking

·         Secret Peeping

·         Assault on a Government Official

·         Assault by Pointing a Gun

List of  Felony Convictions NOT eligible for most people.

The following list are examples of felony charges that if you are convicted, will NOT be eligible for an expungement from your record:

·         Identity Theft

·         Felony Child Abuse

·         Breaking or Entering (if over the age of 18)

·         Common Law Robbery

·         Assault with a Deadly Weapon Inflicting Serious Injury

·         Indecent Liberties with a Child

·         Robbery with a Dangerous Weapon

·         Possession of Firearm by Felon

·         Second Degree Arson

·         Manslaughter

Each case is different and there are different rules if you received a conviction as a minor or under the age of 22. If you have questions about getting a charge expunged contact Melissa Botiglione The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. Our North Carolina Expungement Lawyers will answer your questions and let you know if we can expunge your criminal record for you.

Class 1 Misdemeanor in North Carolina
Class 1 Misdemeanor in North Carolina

Charged with a Class 1 Misdemeanor in Apex? Now what?

In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor.

Examples of Class 1 Misdemeanors that our office handles include but are not limited to:

·         Breaking or Entering Buildings (NCGS 14-54(b))

·         Communicating Threats (NCGS 14-277.1)

·         Contributing to the Delinquency of a Juvenile (NCGS 14-316.1)

·         Driving While License Revoked (Impaired Revocation) (NCGS 20-28(a1))

·         Failure to Stop for Stopped School Bus (NCGS 20-217)

·         Hit and Run Property Damage (NCGS 20-166)

·         Injury to Personal Property, >$200 (NCGS 14-127)

·         Larceny of Property, Worth $1000 or Less (NCGS 14-72)

What are the consequences for a Class 1 Misdemeanor in North Carolina?

The consequences for a Class 1 Misdemeanor depend on your record level. If you have one prior criminal conviction, you are considered a record level I. If you have between one and four prior criminal convictions, you are considered a record level II. If you have five or more prior criminal convictions, you are considered a record level III.

Offenders who are a record level I may not be sentenced to any jail time. In fact, generally, first time offenders who are considered record level I for sentencing purposes will also qualify for a dismissal as part of a deferred prosecution. Depending on the type of charge, you may qualify for the First Offender’s program which involves completing 75 hours of community service for a dismissal. Or, you may qualify for the 90/96 program which involves completing substance abuse treatment.

Offenders who are record level II may be sentenced to up to 45 days in jail at the judge’s discretion or may be sentenced to probation, community service or simply asked to pay a fine.

Offenders who are a record level III may be sentenced to up to 120 days in jail at the judge’s discretion, or may be sentenced to probation, community service or simply asked to pay a fine.

An experienced attorney can best help you avoid a harsh sentence and work with the prosecutor to get a deal on your behalf. At The Law Offices of Wiley Nickel, our first goal is always to seek a dismissal of the charges. If the charges are dismissed, we can then help you get the charge removed from your record through the expungement process. Give attorneys Kristi Haddock, Melissa Botiglione, or Wiley Nickel a call at 919-650-2851 to discuss your options. We offer FREE consultations.